Divorce in Nebraska
Nebraska is a no-fault divorce state where the sole ground is the irretrievable breakdown of the marriage. The state uses equitable distribution for property division and requires at least one spouse to have been a Nebraska resident for one year. A 60-day waiting period applies.
Quick Facts
Residency Requirement
1 year residency required
Waiting Period
60 days after filing
Filing Fee
$150-$300
Property Division
equitable distribution
Grounds for Divorce
- •Irretrievable breakdown of the marriage
Key Facts
- ★Nebraska is a no-fault divorce state
- ★A 60-day waiting period applies after filing
- ★At least one spouse must have been a Nebraska resident for 1 year
- ★Property is divided by equitable distribution with no presumption of equal division
- ★Nebraska courts consider the circumstances of each party in property division
Child Custody
Nebraska courts determine custody based on the best interests of the child. The court encourages joint legal custody and considers the child's relationship with each parent, the general health and welfare of the child, and each parent's credibility and willingness to cooperate.
Alimony / Spousal Support
Nebraska courts may award alimony based on the circumstances of the parties, the duration of the marriage, each party's earning capacity, and the ability of the supported party to engage in gainful employment. Alimony may be rehabilitative or for a set duration.
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Common questions about divorce in Nebraska
At least one spouse must have been a bona fide resident of Nebraska for at least one year before filing for divorce. If you married in Nebraska, you may file after residing in the state for one year even if you moved away and returned.
No. Nebraska uses equitable distribution, which means property is divided fairly but not necessarily equally. The court considers factors such as the contributions of each spouse, the duration of the marriage, and the circumstances of each party.